BILL NUMBER: SB 1477	CHAPTERED  08/22/00

	CHAPTER   220
	FILED WITH SECRETARY OF STATE   AUGUST 22, 2000
	APPROVED BY GOVERNOR   AUGUST 21, 2000
	PASSED THE ASSEMBLY   AUGUST 10, 2000
	PASSED THE SENATE   MAY 16, 2000
	AMENDED IN SENATE   MAY 9, 2000
	AMENDED IN SENATE   APRIL 25, 2000
	AMENDED IN SENATE   MARCH 22, 2000

INTRODUCED BY   Senator Lewis

                        FEBRUARY 10, 2000

   An act to amend Section 53753 of the Government Code, relating to
local government assessments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1477, Lewis.  Local government assessment ballots.
   Existing law, contained in the Proposition 218 Omnibus
Implementation Act, requires any local government agency, prior to
levying a new or increased real property assessment, or an existing
assessment that is subject to the procedures and approval process set
forth in Section 4 of Article XIIID of the California Constitution,
to give notice by mail to the record owner of each identified parcel
of real property, and to include therewith an assessment ballot which
may be used by the recipient to cast a vote either in favor or
against the proposed assessment.
   Existing law requires the local agency to conduct a public hearing
on the proposed assessment and to tabulate the assessment ballots
submitted at the conclusion of that hearing to determine if a
majority protest exists, in which case the proposed assessment shall
not be levied.
   This bill would require that each assessment ballot be in a form
that conceals its contents once it is sealed by the person submitting
the ballot.  This bill would also require generally that all
assessment ballots remain sealed until the tabulation of ballots
following the public hearing.  This bill would require the tabulation
of ballots to be conducted by an impartial person designated by the
agency who does not have a vested interest in the outcome of the
assessment, and would require the assessment ballots to be treated as
disclosable public records equally available for inspection by the
proponents and the opponents of the proposed assessment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 53753 of the Government Code is amended to
read:
   53753.  (a) The notice, protest, and hearing requirements imposed
by this section supersede any statutory provisions applicable to the
levy of a new or increased assessment that is in existence on the
effective date of this section, whether or not that provision is in
conflict with this article.  Any agency that complies with the
notice, protest, and hearing requirements of this section shall not
be required to comply with any other statutory notice, protest, and
hearing requirements that would otherwise be applicable to the levy
of a new or increased assessment, with the exception of Division 4.5
(commencing with Section 3100) of the Streets and Highways Code.  If
the requirements of that division apply to the levy of a new or
increased assessment, the levying agency shall comply with the
notice, protest, and hearing requirements imposed by this section as
well as with the requirements of that division.
   (b) Prior to levying a new or increased assessment, or an existing
assessment that is subject to the procedures and approval process
set forth in Section 4 of Article XIIID of the California
Constitution, an agency shall give notice by mail to the record owner
of each identified parcel.  Each notice shall include the total
amount of the proposed assessment chargeable to the entire district,
the amount chargeable to the record owner's parcel, the duration of
the payments, the reason for the assessment and the basis upon which
the amount of the proposed assessment was calculated, and the date,
time, and location of a public hearing on the proposed assessment.
Each notice shall also include, in a conspicuous place thereon, a
summary of the procedures for the completion, return, and tabulation
of the assessment ballots required pursuant to subdivision (c),
including a statement that the assessment shall not be imposed if the
ballots submitted in opposition to the assessment exceed the ballots
submitted in favor of the assessment, with ballots weighted
according to the proportional financial obligation of the affected
property.  An agency shall give notice by mail at least 45 days prior
to the date of the public hearing upon the proposed assessment.
   (c) Each notice given pursuant to subdivision (b) shall contain an
assessment ballot that includes the agency's address for receipt of
the form and a place where the person returning the assessment ballot
may indicate his or her name, a reasonable identification of the
parcel, and his or her support or opposition to the proposed
assessment.  Each assessment ballot shall be in a form that conceals
its contents once it is sealed by the person submitting the
assessment ballot.  Each assessment ballot shall be signed and either
mailed or otherwise delivered to the address indicated on the
assessment ballot.  Regardless of the method of delivery, all
assessment ballots shall be received at the address indicated, or the
site of the public testimony, in order to be included in the
tabulation of a majority protest pursuant to subdivision (e).
Assessment ballots shall remain sealed until the tabulation of
ballots pursuant to subdivision (e) commences, provided that an
assessment ballot may be submitted, or changed, or withdrawn by the
person who submitted the ballot prior to the conclusion of the public
testimony on the proposed assessment at the hearing required
pursuant to subdivision (d).  An agency may provide an envelope for
the return of the assessment ballot, provided that if the return
envelope is opened by the agency prior to the tabulation of ballots
pursuant to subdivision (e), the enclosed assessment ballot shall
remain sealed as provided in this section.
   (d) At the time, date, and place stated in the notice mailed
pursuant to subdivision (b), the agency shall conduct a public
hearing upon the proposed assessment.  At the public hearing, the
agency shall consider all objections or protests, if any, to the
proposed assessment.  At the public hearing, any interested person
shall be permitted to present written or oral testimony.  The public
hearing may be continued from time to time.
   (e) (1) At the conclusion of the public hearing conducted pursuant
to subdivision (d), an impartial person, including, but not limited
to, the clerk of the agency, designated by the agency who does not
have a vested interest in the outcome of the proposed assessment
shall tabulate the assessment ballots submitted, and not withdrawn,
in support of or opposition to the proposed assessment.  The
impartial person may use technological methods of tabulating the
assessment ballots, including, but not limited to, punchcard or
optically readable (bar-coded) assessment ballots.  During and after
the tabulation, the assessment ballots shall be treated as
disclosable public records, as defined in Section 6252, and equally
available for inspection by the proponents and the opponents of the
proposed assessment.
   In the event that more than one of the record owners of an
identified parcel submits an assessment ballot, the amount of the
proposed assessment to be imposed upon the identified parcel shall be
allocated to each ballot submitted in proportion to the respective
record ownership interests or, if the ownership interests are not
shown on the record, as established to the satisfaction of the agency
by documentation provided by those record owners.
   (2) A majority protest exists if the assessment ballots submitted,
and not withdrawn, in opposition to the proposed assessment exceed
the assessment ballots submitted, and not withdrawn, in its favor,
weighting those assessment ballots by the amount of the proposed
assessment to be imposed upon the identified parcel for which each
assessment ballot was submitted.
   (3) If there is a majority protest against the imposition of a new
assessment, or the extension of an existing assessment, or an
increase in an existing assessment, the agency shall not impose,
extend, or increase the assessment.
   (4) The majority protest proceedings described in this subdivision
shall not constitute an election or voting for purposes of Article
II of the California Constitution or of the California Elections
Code.
